Live from Music Row Friday morning on The Tennessee Star Report with Michael Patrick Leahy – broadcast on Nashville’s Talk Radio 98.3 and 1510 WLAC weekdays from 5:00 a.m. to 8:00 a.m. – host Leahy explained Tennessee Constitution’s laws on what would happen if former State Representative Justin Jones tries to run again for his expelled seat in a special election.
(Leahy asks callers to call in)
MICHAEL PATRICK LEAHY CONTINUED:
Go ahead and call in and give your take on the expulsion of two Democrat members of the Tennessee House of Representatives yesterday. One was kept. Gloria Johnson was kept. She made it by one vote, 65 to 30. Her behavior was a little different than the behavior of the two expelled members, Justin Jones from Nashville who was expelled in a 72-25 vote.
Justin Pearson from Memphis was expelled in a 69-26 vote. There were innumerable violations of the House rules that took place during the riot that these guys incited on Thursday of last week. A week ago today. All three of them proceeded to the well of the House without recognition by the speaker.
It’s a rule that you have to be recognized. Number two, they shouted and chanted from the well of the House without being recognized by the speaker. Number three, two of them, this is the difference, Justin Jones and Justin Pearson used a bullhorn to shout and chant. Two of them held up signs with various slogans on them, Justin Jones and Justin Pearson.
And in the end, those two were expelled from the House, and Gloria Johnson made it by just one vote—more on the merit of that in a second. But let me talk about the powers of the House of Representatives as identified in Article Two, Section 12 of the Constitution of the state of Tennessee.
Each House may determine the rules of its proceeding and punish its members for disorderly behavior. With the concurrence of two-thirds, they may expel a member, but not a second time, for the same offense and shall have all other powers necessary for a branch of the legislature of a free state. Now, what does that expel a member, but not for a second time, for the same offense?
What that means is if you commit an offense in one session and you’re expelled and you come back in the next session of the General Assembly, if you’re reelected in that next general election, you cannot be expelled from that subsequent session for your conduct in the previous session. That’s what that means.
Now, what happens next? This is a very interesting Article Two, Section 15 of the Tennessee Constitution Vacancies. When the seat of any member of either House becomes vacant, the vacancy shall be filled as follows: A, when 12 months or more, remain prior to the next general election for legislators, a successor shall be elected by the qualified voters of the district represented, and such successor shall serve the remainder of the original term.
The election shall be held within such time as provided by law. The legislative body of the replaced legislator’s county of residence at the time of his or her election may elect an interim successor to serve until the election. All right, so let’s talk about this. It is more than 12 months until the next general election. Today is April 2023.
The next general election will be held in November 2024. So that’s more than 12 months. So let’s just focus on that here for a moment. This is the situation where we are now. Prior to the expulsion vote, the Tennessee House of Representatives informed the county legislative bodies in Nashville, which Justin Jones previously represented.
And Shelby County, Memphis, which Justin Pearson previously represented, and Knox County, which Gloria Johnson continues to represent because she was not expelled. So the first point, the legislative body of the replaced county legislator’s county of residence at the time of his election may elect an interim successor to serve until the election.
Does that mean that Metro Nashville Council could select Justin Jones to replace himself? No, it does not. What is the definition of the word successor? I’m glad you asked. The definition of the word successor is the following a person or thing that succeeds or follows in an office position or a person who succeeds another in an office position or the like.
So the language of the Tennessee State Constitution, I think, is very clear that you cannot succeed yourself. You can only succeed another. That is the language. And so now, Metro Nashville Council may appoint a successor. I think the last time somebody was expelled Jeremy Durham in 2016 was expelled, and I don’t think that the Williamson County Commission appointed a successor.
It happened, I think, a little bit later in the term. I’ll have to double-check that. But I think that was the case. And they just had a special election to replace him. Now in this instance and I’m gonna double check on all that for you. Actually, it may have been a little bit different because it happened in 2016, there was a general election, and the successor may have been appointed.
When it’s less than 12 months, the county commission can appoint somebody. We’ll double-check that and come back with that information after the break. But let’s go back to the Metro Nashville Council. What can they do? In this particular incident instance, their options are to do nothing which is acceptable under the Constitution, or they could attempt to appoint Justin Jones.
That would be immediately challenged, I think, by the Tennessee House of Representatives. First, they would be well within their rights not to seat him. And if they chose not to seat him, we would have another lawsuit. Metro Nashville would sue the Tennessee House of Representatives.
That would take a period of time, and I think they would end up losing it if they chose Justin Jones. They could easily appoint somebody else, which I think would be the wise thing to do in this instance. And to follow that up, as a point of law, I don’t think that Justin Jones, under my reading of the Constitution, would be eligible to run for the special election.
Listen to today’s show highlights, including this commentary:
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Tune in weekdays from 5:00 – 8:00 a.m. to The Tennessee Star Report with Michael Patrick Leahy on Talk Radio 98.3 FM WLAC 1510. Listen online at iHeart Radio.
Background Photo “Tennessee House of Representatives” by Tennessee General Assembly.
Justin Jones ran unopposed
Justin Jones work history is Activist
He’s a 20csomething who can’t get a real job.
Justin Pearson’s work history is YEAR UP
Year UP invented by Gerald Chertavian & funded by the Clinton Global Initiative. Youth of a certain skin color get $52K per year for going to school, and then count that as employment. It’s a rouse.
Tennesseans better wake up.
Mr Leahy, I hope your correct in your read of the Tennessee Constitution. I read elsewhere the Nashville City Council voted unanimously to return Jones to the position from which he was expelled. It defies logic that one could be expelled for their conduct then return in a matter of days. I am sure he would lose all committee assignments and most likely is without allies on either side of the isle. Really Nashville, is this what you want representing your interests? It would be someone muzzled, someone ineffective and someone ostracized. And Jones, don’t you believe the people of Nashville warrant competent effective representation?